Case Study On Contract Law

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Answer 1- ILAC (Offer and Acceptance)

Issues(s):

Is there a valid and legally binding contract between David Driver and Woolly World Ltd.?

Law: Contract Law – offer and acceptance

To create a binding contract, the offeror should make an offer including all the terms of offer and the second party; the offeree should accept the contract along with the terms and conditions of the contract.

The intention to treat is a statement or an action that encourages or entices others to consider the offer. The offeree hints only willingness to consider the offer, which may lead to a contract. An offer needs to be distinguished from an invitation to treat, because an invitation to treat will not necessarily lead to a contract but an offer will lead …show more content…

The doctrine is explained in the case of Carlill v Carbolic Smokeball Co [1893], where the offeror is making an intention to come into the legal a legal bounding by making an offer.

A counter offer is an offer made by the offeree in response to an offer originally made by the offeror. This would cancel the original offer made by the offeror and the original offer will no longer be available for the offeree to accept. This doctrine is explained in the case of Hyde v Wrench (1840) 49 ER 132, a counter offer is an expression or an implied rejection of an offer. If the replacement offer is accepted, then the contract will be considered as legally binding.

The acceptance is a sign, action or a statement from the offeree to the offeror showing him the intention to be legally bound by the terms of the offer. There are three conditions related to the acceptance, i.e. the acceptance must be communicated to the offeree by the time and the mode stated by the offeror, the acceptance must be certain and the terms of acceptance must be the same as the terms of the original offer made by the …show more content…

However, they would give a discount to David and they can supply the seat covers at $50.00 each. If David was happy with the price that they were offering, and then David should email them back as soon as possible because they had a limited stock they had other buyers who were interested in buying the same. This was a counter offer made by Woolly World Ltd to David Driver; this counter offer would cancel the original offer made by David Driver and the original offer made by David Driver no longer exists to accept. If David Driver accepts the counter offer made by Woolly World Ltd then the contract will come into

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